A new report questions whether Deputy Attorney General Rod Rosenstein is too involved in the Russia investigation to help oversee it.
Politico wrote Rosenstein might have to recuse himself from the probe that is looking into whether President Donald Trump's campaign colluded with Russia because of his actions before Trump fired FBI Director James Comey.
The Department of Justice appointed former FBI Director Robert Mueller as a special counsel to lead the investigation, but Rosenstein would still have a role in it.
It was initially reported Trump fired Comey after he read a memo from Rosenstein that made the case for sacking the bureau's chief. Trump later said he handed Comey his walking papers because of his job performance.
Critics say the firing was actually due to the FBI's Russia investigation. If Mueller uncovers evidence of that and Rosenstein is tasked with going over it and helping select members of a grand jury, for example, there could be a conflict of interest with the DOJ's No. 2.
"If the investigation encompasses Comey's firing, it would seem Rosenstein was involved in that, and he'd be a witness," law professor Kathleen Clark told Politico. "If it is the case that the investigation reaches the dismissal of Comey, then I think it would be inappropriate for Rosenstein to have any substantive involvement in the investigation other than as a witness."
Attorney General Jeff Sessions said in March he would recuse himself from any Russia probes because of his involvement in Trump's campaign last year.
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